HB & Supported Accommodation

The Workshop is aimed at local authority HB officers making decisions about supported accommodation cases: Whether HB can be paid and, if so, how much?  

We provide a separate Workshop and Programme for RSL’s & Accommodation PROVIDERS.)

Tuesday,  3rd December, 2024.

Full-Day Workshop: (9:40 - 4:30)  

WORKSHOP NOW FULL

Workshop Fee:  £270   (No VAT)

 Book 3 places and receive a 4th place FREE.

Also available for In-House Bookings - Online or at your own training venue. 

HOUSING BENEFIT & SUPPORTED ACCOMMODATION
The Complete Guide For Local Authority Staff

The Workshop begins with the basic principles:

· The definition of “specified accommodation” that attracts HB rather than a UC housing element

· How the HB eligible rent is calculated for each category of “specified accommodation”:

    o Cases where the full rent less ineligible services can be met

    o Cases where the bedroom tax applies

    o Cases where the LHA applies

    o Cases where the Local Reference Rent applies

    o The different rules for registered housing associations and others

    o The significance of exempt accommodation, as distinct from the other types of specified accommodation

· When a tenancy needs to be referred to the Rent Officer

· The amount of government subsidy payable in each case

· Our handy flowcharts will guide delegates to the correct decisions on all of the above issues.

More experienced staff will have a chance to refresh their knowledge and pick up new insights into issues such as:

· Identifying organisations that operate on a non-profit basis: Using resources like Companies House, the FCA Mutuals Register and the register of social housing providers; understanding different forms of incorporation (companies limited by shares or by guarantee, CICs, societies, charities etc); the significance of connections between property owners, care providers, developers/investors and non-profit HB landlords;

· Judging whether the claimant is receiving care, support or supervision to a sufficient extent to satisfy the definitions of “exempt” and “specified” accommodation;

· The kind of evidence that will be needed if the Council wishes to restrict eligible rent in an exempt accommodation case, or argue that the landlord is not a genuine non-profit body, or even refuse HB on the grounds that the liability has been created to take advantage of the scheme. Different issues affect projects where the landlord works alongside a commissioned care provider (as in “supported living”, aka “managed” accommodation, for people with learning disabilities) and those where the only support is whatever the landlord provides (as in single homeless hostels). We look at support arrangements for both types of scheme.

Does the landlord have the capacity to provide support? What kind of support do the tenants need, if any? How are their needs assessed? How is the support paid for? Are there adequate records of support being provided?

Reforms ahead: The Supported Housing (Regulatory Oversight) Act 2023 for the first time enables ministers to regulate supported housing in England and Wales. The day contains an overview of the main provisions in the Act, including powers to make HB entitlement dependent upon regulatory compliance. It is likely that the feedback from authorities taking part on the SHIP programme will inform the drafting of Regulations under the Act in the coming months.

Finally, the pack contains two specialist chapters on leased accommodation and intensive housing management (IHM). The chapters include an explanation of the way that developers acquire sites, lease them to housing associations and sell them on to investors, and how the lease rents for these schemes are calculated. As for IHM, a body of case law is slowly developing which is adding clarity to the question whether IHM is eligible to be funded by HB and whether it counts as “support” for the purpose of satisfying the definition of exempt accommodation … and whether both of those things can be true at the same time!

Presented by the “HB Anorak” Peter Barker who has many years’ experience dealing with complex supported accommodation case work and representing both local authorities and providers in appeal cases.

Topics Covered:

Definitions

· Specified accommodation

· Exempt accommodation

Effect Of Occupying Specified Or Exempt Accommodation

· Eligible rent

    o Restricted or full amount?

    o LHA or LRR?

    o Registered HA or other?

· Benefit cap

· Subsidy rates

Landlord Types: 

· Housing associations: Registered / unregistered

· Registered charities

· Other non-profit bodies

· Understanding corporate status and using public registers

Care, Support And Supervision

· In supported living

· In single homeless schemes

· Funding

· Evidence

Core Rent And Service Charges

· What’s eligible and what’s ineligible

· Restricting unreasonably high rents under Reg 13

· Created to take advantage

· Restricting unreasonably high service charges

· Eligible and ineligible service charges: selected FAQs including

     o Communal areas

    o Concierge charges

    o Service charges for things that are not services (e.g. sinking fund)

Reforms On The Horizon

· Supported Housing (Regulatory Oversight) Act

· SHIP programme

For Specialists

· Leased accommodation

· Intensive housing management

Contact us for In-House & Online booking information.  

We are always pleased to arrange most of our Workshops, such as this one, for staff from an individual organisation to be held at their own training venue or by Zoom/TEAMS. Please email us with your requirements for details.